26HReview by Civil and Administrative Tribunal

#### 26H Review by Civil and Administrative Tribunal 26H Review by Civil and Administrative Tribunal > > (1) An applicant may apply to the Civil and Administrative Tribunal (the Tribunal) for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of a decision of the Chief Commissioner that has been the subject of an objection under Division 1 if— > > > > > (a) the applicant is dissatisfied with the Chief Commissioner’s determination of the objection, or > > > > > (b) the Chief Commissioner has not determined the applicant’s objection within 90 days after the objection was lodged, not including a period of suspension under section 26F. > > > (2) An applicant who has applied to the Supreme Court under section 26I for a review of a decision may not apply to the Tribunal under this section in relation to the same decision. > > > (3) However, the applicant may apply to the Tribunal, if the earlier application is withdrawn with the approval of the Supreme Court, for the purposes of enabling the Tribunal to deal with the matter. > > > (4) The following provisions of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) do not apply to an application made under this section— > > > > > (a) Chapter 3, Part 2, > > > > > (b) section 55(3)–(6). > > > (5) For the purposes of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076), section 58 (1)(a)— > > > > > (a) the obligation of the Chief Commissioner to lodge a statement of reasons with the Tribunal in relation to an application is limited to providing the Tribunal with a statement of reasons only in relation to the matters arising from the grounds specified in the application, and > > > > > (b) if one of the grounds specified in the application relates to a matter raised in an objection determined by the Chief Commissioner—the Chief Commissioner may rely on reasons previously given to the applicant by the Chief Commissioner under section 26G in explanation of the part of the determination to which the objection related. > > **s 26H:** Ins 2023 No 18, Sch 10\[9\].